Social Security Disability Law

To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.

Originally authorized in 1963, and last reauthorized in 2000, the Developmental Disabilities Assistance and Bill of Rights Act (DD Act), Public Law 106-402, focuses on the needs of the estimated 4.5 million individuals with developmental disabilities. The DD Act ensures that individuals with developmental disabilities participate fully in their communities through full integration and inclusion in the economic, political, social, cultural, religious and educational sectors of our society. The DD Act further ensures that individuals with developmental disabilities and their families participate in the design of and have access to culturally competent services, supports and other assistance and opportunities that promote independence, productivity, integration and inclusion in the community.

The major purpose of the Individuals with Disabilities Education Improvement Act is to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living. The many changes align the provisions of IDEA with No Child Left Behind.

Congress amended the Rehabilitation Act to require Federal agencies to make their electronic and information technology accessible to people with disabilities. Inaccessible technology interferes with an individual's ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508 (29 U.S.C. ‘ 794d), agencies must give disabled employees and members of the public access to information that is comparable to the access available to others. It is recommended that you review the laws and regulations listed below to further your understanding about Section 508 and how you can support implementation.

No otherwise qualified individual with a disability in the United States, as defined in section 706 (20) of this title, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Development Disabilities Act of 1978. Copies of any proposed regulations shall be submitted to appropriate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date of which such regulation is so submitted to such committees.

The Social Security Disability Insurance program pays benefits to you and certain family members if you worked long enough and paid Social Security taxes. Your adult child also may qualify for benefits on your earnings record if he or she has a disability that started before age 22. Learn more about SSDI on the SSA website.

Social Security Disability Insurance (SSDI) is a payroll tax-funded, federal insurance program. A portion of the FICA taxes you pay are set aside for SSDI (as well as Social Security Retirement and Medicare). SSDI, which was established in 1954, is designed to provide you with income if you are unable to work due to a disability or until your condition improves, and guarantees income if your condition does not improve. Then once you meet your retirement age – 65 or older – you move from SSDI to Social Security retirement income.

The Supplemental Security Income (SSI) program pays benefits to disabled adults and children who have limited income and resources. Learn more about SSI Benefits on the SSA website.

The Mutual Information System on Social Protection (MISSOC) was established in 1990 to promote a continuous exchange of information on social protection among the EU Member States. MISSOC has become a central information source on social protection legislation, benefits and financing in the European countries that take part in MISSOC. It is used by citizens to get basic information about social protection in other countries, and to compare this with the social protection in the home country, for instance when preparing for moving to another country. It is also used by researchers and students to compare social protection systems and solutions in several countries in more detail, and it also allows studying changes in social protection over time.

As full citizens, people with disabilities have equal rights and are entitled to dignity, equal treatment, independent living and full participation in society. Enabling people with disabilities to enjoy these rights is the main purpose of the EU's long-term strategy for their active inclusion. Centre piece of the European Disability Strategy (2004-2010) is the Disability Action Plan (DAP).

The European Disability Forum (EDF) is an independent European non-governmental organisation (ENGO) that represents the interests of 65 million disabled people in the European Union and stands for their rights. EDF is the only European platform of disabled people, which is run by disabled people or the families of disabled people unable to represent themselves. EDF’s mission is to promote equal opportunities for disabled people and to protect their Human Rights, making sure that no decisions concerning disabled people are taken without disabled people.

The Disability Discrimination Act is a piece of legislation that promotes civil rights for disabled people and protects disabled people from discrimination. You can order a copy of the Act in a range of formats.

CPP Disability is part of the Canada Pension Plan. It is designed to provide financial assistance to CPP contributors who are unable to work because of a severe and prolonged disability. Benefits are paid monthly to eligible applicants and their dependent children. The CPP disability benefit is administered by Social Development Canada (SDC), a federal government department.

Social Security, in Australia, refers to a system of social welfare payments provided by Commonwealth Government of Australia. These payments are administered by a Government body named Centrelink. In Australia, most benefits are subject to a means test. Centrelink is an Australian Government Statutory Agency, assisting people to become self-sufficient and supporting those in need.

The Dis-IT Research Alliance is a group of researchers, community members, and industry representatives who are looking at how new technologies shape the lives of Canadians with disabilities, both by creating new benefits and barriers, in terms of employment, post-secondary education, retail and public services, and democratic participation. The project is funded by the Social Sciences and Humanities Research Council of Canada (SSHRC).

The International Social Security Association (ISSA) is the principal international institution bringing together social security agencies and organizations. The ISSA’s aim is to promote dynamic social security as the social dimension in a globalizing world by supporting excellence in social security administration. Founded in 1927, the ISSA Secretariat has its headquarters at the International Labour Office, in Geneva.

Despite the statistical existence of unemployment in every country in the world, work continues to be an essential part of the human condition. For many, it represents the primary source of income upon which their physical survival depends. Not only is it crucial to the enjoyment of survival rights such as food, clothing, or housing, it affects the level of satisfaction of many other human rights, such as the rights to education, culture and health. Many persons with disabilities are denied employment or given only menial or poorly remunerated jobs. This is true even though it can be demonstrated that with proper assessment, training and placement, the great majority of disabled persons can perform a large range of tasks in accordance with the prevailing work norms. In times of unemployment and economic distress, disabled persons are usually the first to be discharged and the last to be hired. Therefore, measures are needed to ensure that disabled persons have equal opportunities for productive and gainful employment in the open labour market.

ATAP was established in 1997 to provide support to state AT Program members to enhance the effectiveness of AT Programs on the state and local level, and promote the national network of AT Programs. ATAP facilitates the coordination of state AT Programs nationally and provides technical assistance and support to its members. ATAP represents the needs and interests of the state AT Programs and is the national voice of the AT Programs.

Disability.gov is an award-winning federal Web site that contains disability-related resources on programs, services, laws and regulations to help people with disabilities lead full, independent lives. With just a few clicks, visitors can find critical information on a variety of topics, including benefits, civil rights, community life, education, emergency preparedness, employment, housing, health, technology and transportation.

From persons who are newly disabled to those born with a disability; Disabled World features over 400 categories containing in excess of 30,000 pages of Informative Articles, News Stories, and a free Disability Community, providing seniors, baby boomers and the health impaired with a wealth of disability resources, information, help, and assistance. Read the latest Editorial Views and opinions in regards to health, health care, and disability news topics presented by a selection of well known authors and Disability Activists.

The International Commission on Occupational Health (ICOH) is an international non-governmental professional society whose aims are to foster the scientific progress, knowledge and development of occupational health and safety in all its aspects. It was founded in 1906 in Milan as the Permanent Commission on Occupational Health. Today, ICOH is the world's leading international scientific society in the field of occupational health with a membership of 2,000 professionals from 93 countries.

NADE's Purpose: To develop the art and science of disability evaluation. To enhance public awareness about disability evaluation. To further professional recognition for disability evaluation practitioners.

For many years, Professional Social Security Claimants Representatives have wanted to have an organization that would be interested in their issues, educational opportunities, and interests. In March of 2000, 35 Professional Social Security Claimants Representatives met in St. Louis, MO and formed NADR, Inc. They chose our name and established the following goals: 1. Conduct Annual Conventions open to members and non-members with educational seminars to keep practitioners up to date on Social Security rulings, regulatory changes and practice improvements. 2. Create a free national referral service for claimants seeking representation and information about Social Security Disability, Continuing Disability Reviews and over payment and underpayment problems. 3. Seek status as an approved, "not-for-profit" organization with the IRS and Social Security offices nationwide in order to fulfill our stated mission. 4. Create a "talk list" where our members can discuss problems, pass information and learn from each other on a daily basis.

This guide provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities. To find out more about how these laws may apply to you, contact the agencies and organizations listed below.

Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA’s nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules.

Applying for social security disability and SSI benefits, with or without an advocate can be difficult due to how long a claim may take and the high chance of being denied. But those who are denied disability can win benefits by utilizing the appeals process. To increase the chances of winning, applicants should learn about the system and file an appeal when a claim is denied.

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